House Republicans are taking action to both prevent biological males from competing in female sports and ensure that parental rights in education are respected. It’s doing so by advancing two bills, both of which came from the Education and Workforce Committee. Those two bills are H.R. 5, the Parents Bill of Rights Act, and H.R. 734, the Protection of Women and Girls in Sports Act of 2023. Both have now been advanced to the House floor.
H.R. 5, aims to “ensure the rights of parents are honored and protected in the Nation’s public schools.” The text of that bill provides that
“the State will ensure that each local educational agency in the State—(i) in a case in which the curriculum for an elementary or secondary school grade level is freely and publicly available on the internet—I) posts on a publicly accessible website of the agency, such curriculum; or (II) if such agency does not operate a website, widely disseminates to the public such curriculum; or (ii) in a case in which the curriculum for an elementary or secondary school grade level is not freely and publicly available on the internet—(I) posts on a publicly accessible website of the agency— (aa) a description of such curriculum; and (bb) information on how parents can review such curriculum as described in section 1112(e)(1)(A); or (II) if such agency does not operate a website, widely disseminates to the public the description and information described in items (aa) and (bb) of subclause (I); and (P) in the case of any revisions to the State’s challenging State academic standards (including any revisions to the levels of achievement within the State’s academic achievement standards), the State educational agency will post to the homepage of its website, and widely disseminate to the public, notice of such revisions and a copy of such revisions, except that the State educational agency shall not be required to submit such notice or such revisions to the Secretary.”.
Speaking on that bill at the time it was introduced, Speaker of the House McCarthy said, “It doesn’t matter [what] the color of your skin [is] or your wealth, when you have a child that is the most important thing in your life… one thing we know in this country, education is the great equalizer. We want to parents to feel empowered and that’s what we’re doing here.”
HR 734 amends the Education Amendments of 1972 “to provide that for purposes of determining compliance with title IX of such Act in athletics, sex shall be recognized based solely on a person’s reproductive biology and genetics at birth.” The text of the bill provides that:
“(d) (1) It shall be a violation of subsection (a) for a recipient of Federal financial assistance who operates, sponsors, or facilitates athletic programs or activities to permit a person whose sex is male to participate in an athletic program or activity that is designated for women or girls.
“(2) For the purposes of this subsection, sex shall be recognized based solely on a person’s reproductive biology and genetics at birth.
“(3) Nothing in this subsection shall be construed to prohibit a recipient from permitting males to train or practice with an athletic program or activity that is designated for women or girls so long as no female is deprived of a roster spot on a team or sport, opportunity to participate in a practice or competition, scholarship, admission to an educational institution, or any other benefit that accompanies participating in the athletic program or activity.”.
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